Govt told to restore ‘essential internet services’ in Kashmir within seven days by Supreme Court

The Supreme Court of India has ordered the government to restore internet access in Kashmir for all essential services. After going through several pleas, the apex court ruled that the right to internet access was protected under the constitution of India.

A woman checks her mobile phone inside the premises of the Supreme Court in New Delhi, India, September 28, 2018. REUTERS/Anushree Fadnavis - RC13B8E9E250

After the abrogation of provisions under Article 370, the decision was challenged for the restrictions that were imposed in the region. The Jammu and Kashmir administration has been ordered to review all the restrictions within a week, including internet restrictions, and reveal the orders so that they can be challenged in a court of law.

The petitioners to challenge the restrictive orders included Congress Rajya Sabha MP Ghulam Nabi Azad, the editor of The Kashmir Times Anuradha Bhasin and a few others, as reported by Live Law. According to the petition, the restrictions failed to satisfy the reasonableness and proportionality on the liberties of citizens that are protected under Article 19.

The Kashmir telecom and internet shutdown judgement will need to be studied and may give grounds for future challenges in future to the rules and even the underlying powers. It seems it does not do much and the present status quo will continue in Kashmir. 1/2

— Apar (@apar1984) January 10, 2020

The Kashmir Valley region has been under an internet shutdown for 159 days and counting, the longest ever shutdown in not only India but in a democratic country. On 5 August, the government suspended cellular and landline services including internet before Jammu and Kashmir lost its special status. Although roadblocks, landline and cellphone services have been restored, the internet is still under lockdown in the region.

According to a report, the SC bench did not explore the political intent behind the prohibitory orders and it wanted to find a balance between the security and liberty of the people. The court said that it wanted to balance the human rights and freedoms of the people.

Speaking on the court order to Tech2, technology lawyer Mishi Choudhary said, “Today the Supreme Court of India has finally put an end to the dubious practice of using Section 144 Criminal Procedure Code to shut the Internet down. This had become a norm in the past few years, regularly used by Police and State Governments that had made India the shutdown capital of the world with around 381, disruptions since 2012. Although the order grants no immediate relief to the people of Kashmir who have been without internet for the past 159 days but review under Telecom Suspension Rules has been ordered. Let's hope this is the end of this repressive practice unworthy of democracy with ambitions of a digital superpower.

The Review Committee shall comprise of:

Where it is constituted by the Central Government- Cabinet Secretary, and Secretaries of Legal Affairs and Department of Telecommunication;

— Mishi Choudhary (@MishiChoudhary) January 10, 2020

The Supreme Court of India like the Kerala High Court has recognized the right to freedom of speech and expression through the Internet to be part of Article19 (1) (a). This is what a Court that moves with times must hold and has done so. Internet generation will not be governed by arbitrary internet shutdowns. Although no immediate relief has been granted on the ongoing shutdown in Kashmir, putting an end to the usage of Section 144 criminal procedure code was a much-needed ruling. Hopefully, from now on authorities will follow their own rules and not circumvent procedures to curb legitimate expression.”

Following the abrogation of Article 370, the government had justified restrictions in the region as a preventive measure on 21 November. The government stated that the restrictions were necessary for national security reasons and to cut off coordination between militants and separatist organisations in the region.

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